I am the material supplier for a public job. I was not given a copy of the actual bond claim. Is it required for the general contractor to provide a copy of the bond claim?
1 reply
Apr 25, 2018
Do you mean to ask if the general contractor is required to provide a copy of the bond (rather than the bond claim)? If that's the case, it's a fairly common question we receive at the Construction Legal Center. In North Dakota, a general contractor is not required to provide a copy of their payment bond on public projects. However, any party to the project can obtain a copy of the bond (along with a copy of the original contract with the GC) from the public authority who awarded the project. But to obtain a copy of the bond, a party must either (1) submit an affidavit stating that they have supplied labor or materials for the improvement and that payment has not been made; or (2) that the suit is forthcoming on the bond. If a copy of the bond is to be obtained, the party requesting a copy of the bond will have to pay the costs of preparing the certified copy of the bond and contract - granted, such an amount should be an extremely low cost.